Patna High CourtCR. MISC./752/2024bail granted

Hare Krishna Singh @ Chhotu Singh v. The State Of Bihar

2024-01-31Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.752 of 2024 Arising Out of PS. Case No.-26 Year-2023 Thana- ARA RAIL P.S. District- Bhojpur ====================================================== HARE KRISHNA SINGH @ CHHOTU SINGH SON OF LATE RAM KUMAR SINGH @ RAJ KUMAR SINGH R/O VILLAGE- MASARH, P.S.- UDWANTNAGAR, DIST.- BHOJPUR ... ... Petitioner/s

Versus

The State of Bihar PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 31-01-2024 Heard the learned counsel for the petitioner as well as learned APP for the State.

2. At the very outset, the learned counsel for the petitioner has submitted that due to mistake, the father's name of the petitioner has wrongly been typed as 'Ram Kumar Singh' in place of 'Ram Kumar Singh @ Raj Kumar Singh'.

3. Let it be rectified in course of the day.

4. The petitioner apprehends his arrest in connection with Ara Rail P.S. Case No. 26 of 2023, registered for the offences punishable under Sections 8, 20(b) (ii) (B)/29 of the NDPS Act, 1985.

5. As per allegation, the informant, on a secret information, conducted a raid and arrested four accused persons,

Patna High Court CR. MISC. No.752 of 2024(2) dt.31-01-2024 2/3 who were involved in illegal smuggling of ganja. On search, 9 kg of ganja was recovered from the bag of co-accused Gopal Singh. Some mobile phones and tickets were also recovered from other co-accused persons. The petitioner is also alleged to be involved in illegal business of ganja in connivance with other accused persons.

6. The learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There is no allegation at all in the FIR against the petitioner of possessing Ganja and the FIR itself shows that the petitioner was working as chowkidar in Karnataka. No case of similar nature is pending against him.

7. On the other hand, the learned APP for the State has opposed the prayer for bail.

8. From perusal of the FIR, it appears that 9 kg of ganja was recovered from the bag which was being carried by Gopal Singh, the brother of the petitioner and the FIR itself shows that the petitioner was working as chowkidar in Karnatka. The petitioner is not involved in any other case of similar nature.

9. Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.752 of 2024(2) dt.31-01-2024 3/3 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Bhojpur, Ara in connection with Ara Rail P.S. Case No. 26 of 2023, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Nawneet Kumar Pandey, J) Kundan/- U T